| Rightward Slant |
18 August 2003
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Fox Sues Franken -- Unfair and Unbalanced
Fox News Network, a right-wing news organization owned by right-wing media magnate Rupert Murdoch, is suing leftish comedian Al Franken and his publisher, ostensibly over the title of his new book, "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right." Fox claims that it owns the rights to "Fair and Balanced," which it registered as a trademark in 1995 It is an interesting method for silencing a critic, not responding to the ideas but to the very words being used.
First of all, it is fascinating that Fox is not objecting to "Lies" or "Lying" or "Liars." Res ipso loquitor. If the jackboot fits . . .
Fox's lawsuit contends Mr. Franken's "intent is clear -- to exploit Fox News' trademark, confuse the public as to the origins of the book and, accordingly, boost sales of the book." Pure nonsense. The use of "fair and balanced" is satire, parody, and fully covered under the constitution as fair use of a term.
However, Fox is not attacking Mr. Franken's ideas, nor is Fox even defending its own ideological perspective (to which, incidentally, it is entitled and which the Kensington Review believes makes a genuine contribution to political discourse in America because it is so clearly conservative). Rather, it is appropriating the very words as its own property.
Mr. Franken, a graduate of both Harvard and Saturday Night Live, is not noted for his delicate sense of humor. A previous book was called, "Rush Limbaugh is a Big Fat Idiot;" perhaps, such passes for debate at Harvard these days, but one hopes not. All the same, he must be allowed to use whatever words he wants to express his political views -- even if those words are used in other ways by others. Anything less is Orwellian -- a mode of life to which Fox and its adherents bring closer everyday by such abuse of the law.
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